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Contracts Keyed to Scott
Obde v. Schlemeyer
Facts
Mr. and Mrs. Fred Obde (Plaintiffs) purchased an apartment home from Mr. and Mrs. Robert Schlemeyer (Defendants). After they moved in, Plaintiffs found that the apartment was infested with termites. The infestation was not readily apparent on the surface. Defendants knew about the infestation, but had not disclosed it to Plaintiffs, purportedly because Plaintiffs never specifically asked. In fact, prior to selling to Plaintiffs, Defendants had attempted to get rid of the termites, but did not follow the exterminator’s recommended course of treatment for financial reasons. Accordingly, the exterminator gave Defendants no guarantee that the infestation was eradicated. Plaintiffs sued on the contract, seeking damages. The trial court ruled in Plaintiffs’ favor. Defendants appealed.
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